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Land permitted as PUD (planned unit development) may include two or more uses that would require classification of two or more zoning districts or tracts of land which include varying lot sizes to protect environmental features. The PUD encourages the more efficient use of land through the incorporation of both public and private open spaces to accent and enhance both the architectural and natural features of a development and provide for natural stormwater management systems. A development plan and development agreement are required for all PUD-permitted use combinations. The City and the subdivider of the PUD area shall address the private and public open space and recreation area requirements and the means to satisfy such requirements in the development agreement. All PUD areas shall comply with the intent and purpose of this chapter with the flexibility to create equivalent recreational facilities while accommodating the mixed uses present in such developments.
1. Site Development. The site for a planned unit development shall consist of a single parcel of land or an integrated group of parcels. The site may include areas of land which are topographically unsuitable for the erection of structures but which may be incorporated into the development plan as an element of the open space system. The PUD shall be identified on the Preliminary and Final Plat as a cluster or mixed-use PUD subdivision.
2. Zoning Required. Development of PUD subdivision shall be approved for necessary zoning at the time of Final Plat approval and subject to all regulations listed in Chapter 165 of this Code of Ordinances, except as allowed in this section, as a condition of approval of the Final Plat.
3. Procedure. Planned Unit Development subdivisions shall follow the same approval procedures as a major subdivision, except as identified in this section.
4. Professional Required. Professional talents of qualified land planners, licensed landscape architects, Iowa Licensed Professional Engineers, and other specialists deemed necessary shall be utilized in the preparation of a planned unit development to assure developments of the quality desired by the City.
5. Design Standards. The general improvement and design standards within this chapter shall govern the PUD subdivision. Variations allowed below are granted with the approval of the Preliminary and Final Plats.
The purpose of this section is to permit the development of cluster or conservation residential subdivisions in which buildings and dwellings are grouped closer together and on smaller sized lots than otherwise permitted in this chapter. The concept of conservation subdivision design will provide for flexibility in lot layout to fit the natural characteristics of the land and will permit more usable open space, common ground, and recreational areas. The provisions of this section shall not be construed to apply to any other section of this chapter. However, all other sections of this chapter shall apply to conservation subdivisions unless specifically exempted by this section. The following provisions apply:
1. The zoning district lot, yard, and bulk requirements may be varied provided that adequate open space shall be included to ensure that the average land area per dwelling unit shall be equal to or greater than that permitted for the district in which the development is located.
2. The total land area of the subdivision divided by the total number of single residential units provides the average land area per residential unit. Total land area of the subdivision shall include all open space and common and recreational areas, but shall not include land set aside for ponds and lakes within the subdivision or the traffic surface area of the streets.
3. Open space, common ground, or recreational areas shall be provided for the use and benefit of all family dwelling units in the development and the same stated in the covenants.
4. A conservation subdivision shall be placed to protect environmental areas as the purpose of the cluster subdivision. The easement shall protect the land for disturbing activities such as removal of vegetation, filling, grading, excavating, or any other manmade activity that is not meant to protect environmental features. The City may require additional building development buffers adjacent to conservation easements. Environmental areas include but are not limited to:
A. Wetlands as identified by the Iowa Department of Natural Resources;
B. Floodplains as identified by FEMA;
C. Forests, prairie, or other habitats; and
D. Historic or archaeological sites.
5. The majority of the grouped lots should abut the open space or common or recreational area with the remainder of the lots provided access through a walkway easement and with appropriate screening provided.
6. In no case shall approval be granted to subdivisions which include lots containing less than 50 percent of the minimum lot area required by the zoning district for the area.
7. As a condition of approving the cluster subdivision and permitting exceptions to the standard subdivision requirements, the subdivider shall submit with the Final Plat, a subdivider’s agreement regarding the liability for and maintenance of the open space, common ground, and recreation areas. A statement shall be included on the Final Plat indicating the open space covenants and designating the entity that maintains and enforces the covenants.
8. The City may accept dedication of the conservation easement to the common open space as long as the open space is accessible to the residents of the City and the City has access to maintain the common open space.
The purpose of this section is to permit the development of mixed-use subdivisions that includes two or more land uses that would not be allowed within one zoning district. The mixed-use PUD subdivision allows a subdivider to state their intent for mixed-use development and prevent the need for zoning district changes in the future. The mixed-use subdivision procedure shall occur with the procedure to zone the area for a PAD District. The following provisions apply:
1. The subdivision shall provide the required open space as described in this chapter. The open space shall be utilized as a landscape buffer or barrier separating the residential units from the other uses.
2. The Final Plat shall indicate the use of each lot.
3. The subdivider shall indicate variations from traditional design standards in this chapter. Variations are only allowed for minimum lot sizes, minimum block lengths, alley development, street pavement width, and street right-of-way width.
4. The Commission and Council shall determine the subdivision is consistent with the policies and recommendations of the Comprehensive Plan as described in Section 170.61 of this chapter.
The following provisions shall apply to non-residential subdivisions:
1. General. If a proposed subdivision includes land that is used for commercial or industrial purposes, the layout of the subdivision with respect to such land shall make such provision as the Council may require. A nonresidential subdivision shall be subject to all the requirements of this chapter, as well as such additional standards required by the Council, and shall conform to the proposed land use and standards established in the Comprehensive Plan and other City regulations.
2. Standards. In addition to the principles and standards in these regulations (which are appropriate to the planning of all subdivisions), the applicant shall demonstrate to the satisfaction of the City that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated, and takes into account other uses in the vicinity. The following principles and standards shall be observed:
A. Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.
B. Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon.
C. Special requirements may be imposed by the City with respect to street, curb, gutter, and sidewalk design and construction.
D. Special requirements may be imposed by the City with respect to the installation of public utilities, including water, sewer, and stormwater drainage.
E. Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.
F. Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas.
REQUIRED IMPROVEMENTS
The subdivider shall, at such subdivider’s expense, install and construct all improvements required by this chapter. All required improvements shall be reviewed by the Zoning Administrator and City Engineer, and shall be installed and constructed in accordance with the design standards established for such improvements by the City, and as shown on the approved Preliminary Plat.
The proposed subdivision shall provide adequate facilities and services to accommodate the demands from the maximum number of potential residents or occupants. The essential services and facilities shall include, but not be limited to: streets, water service, wastewater treatment and disposal, stormwater management, electrical service, and telecommunications service, and conform to the Standards for Design and Development sections of this chapter and other regulations and standards adopted by the City. The improvements for a subdivision planned in phases shall be designed and implemented to allow the project to function effectively and independently at the completion of each successive phase.
The improvements set forth shall be considered the minimum necessary to assure and protect the public health, safety, and welfare. These minimum improvements shall be installed before the Final Plat is approved or as detailed in this chapter and shall be in accordance with the following criteria:
1. Water Supply System. The subdivider shall provide the subdivision with a complete water supply system, which shall provide for the distribution through all the proposed area and a water connection for each lot.
A. City water main system shall be installed in the subdivision including hydrants, valves, and all other appurtenances which shall be extended into and through the subdivision to the boundary lines, and which shall provide for a water connection for each lot, and shall be connected to the City water system. Under some circumstances the City may require, as a condition for approval of the plat, installation of a water main that is larger than necessary to meet the needs of the platted area but necessary to complete the City water distribution system as it relates to both the area being platted and other areas. In such event, the City will pay the subdivider the difference in cost of pipe and installation between the larger water main and the diameter of the water main reasonable to meet the foreseeable needs of the proposed area. The City may establish a pro rata distribution of the additional cost to be shared by the City and developers of adjacent areas to be served by the upgraded system. The water main system, including fixtures shall, upon inspection, approval, and acceptance by the City, become the property of the City.
B. Individual wells and central water systems may be utilized for service to all or a part of the proposed subdivision depending upon the availability of City service.
(1) Alternate water supply systems consisting of individual wells or a central water system shall be installed to provide potable water service to each lot in the event that the City water system is not immediately available to the proposed subdivision area. The distance requirement for connection to City service shall be as stated in Section 90.03 of this Code of Ordinances. The lot size requirements and well and system specifications shall be as required by the County Department of Health and Iowa Department of Natural Resources regulations. The individual lot owners shall submit copies of the well permit and certification from the Board of Health for each well prior to the City issuing the occupancy permit. Individual lot owners or homeowners associations shall retain ownership of the systems and shall, through agreements, provide for the maintenance and repair of the respective water supply systems.
(2) If the City requires that a connection to a public water supply main be eventually provided as a condition of approval of an individual well or central water system, the subdivider shall make arrangements for the future City water service at the time of Final Plat approval. In such cases, adequate easements must be provided in anticipation of the future City water main extension and adequate monetary security be provided to insure compliance.
2. Sanitary Sewer System. The subdivider shall provide the subdivision with a complete sanitary sewer system, which shall make adequate provision for the collection and disposal of sanitary sewage from each lot with consideration given to the present and reasonably foreseeable needs.
A. City sanitary sewer collection system shall be installed in the subdivision including piping, all necessary appurtenances, and pumping equipment, to provide for the collection of sanitary sewage from all lots or parcels and extended through to the boundary lines as necessary and connected to the City’s sanitary sewer system. Under some circumstances the City may require, as a condition for approval of the plat installation of sanitary sewer lines and accessories that are larger than necessary to meet the needs of the platted area but necessary to complete the City sanitary sewer collection system as it relates to both the area being platted and other areas. In such event, the City will pay the subdivider the difference in cost of the lines and accessories and installation between the greater capacity system and the proposed collection system reasonable to meet the foreseeable needs of the proposed service area. The City may establish a pro rata distribution of the additional cost to be shared by the City and developers of adjacent areas to be served by the upgraded system. The sanitary sewer collection system including all accessories shall, upon inspection, approval and acceptance by the City, become the property of the City.
B. Alternate methods of collection and disposal of sanitary sewage may be utilized for service to all or part of the proposed subdivision, depending upon the availability of the City’s sanitary sewer system and the City’s requirements.
(1) Individual on-site sewer systems may be used on lots within the proposed subdivision in the event that City sanitary sewer system is not immediately available. Compliance with the distance requirement for connection to City service shall be as stated Chapter 95.05 of this Code of Ordinances. The lot size requirements, separation distances, and system specifications shall be as required by the County Department of Health. The individual lot owner shall submit to the City copies of the approved permits for the on-site system issued by the County Board of Health prior to the City issuing the occupancy permit. Covenants submitted with the Final Plat shall be attached to those lots with on-site systems and detail operating and maintenance requirements recommended by the County Board of Health.
(2) If the City plans indicate that a connection to the City’s sanitary sewer collection system would be available to the subdivision area within a period of less than 10 years, the City may require that the subdivider install sanitary sewer lines, laterals, and mains within all or part of the proposed subdivision to a point in the subdivision boundary where a future connection with the public sewer shall be made. Sewer lines shall be extended to the lot property line on each affected lot and, during each residence construction, extended into the home to connect with the main residential discharge line when public service becomes available. Such sewer line shall be capped until ready to use and the total subdivision collection system shall conform to the requirements and standards of the City. In such cases, adequate easements must be provided in anticipation of the future dedication to the City. Provisions shall be made in the performance bond or escrow agreement for the completion of the installation and connections to the City’s sewer lines and the dedication of said system.
3. Storm Sewer System. The subdivider shall provide an adequate storm sewer drainage system to convey the stormwater naturally flowing through the site and that from within the developed site. The improvements shall utilize the extension of existing storm sewer lines from adjacent areas or the installation of new drainage lines and fixtures in combination with on-site retention or open waterways and conveyance to a discharge location. These improvements shall extend to the boundaries of the subdivision so as to provide for extension to adjoining properties. Under some circumstances the City may require, as a condition for approval of the plat, installation of storm sewer improvements that are of larger capacity than necessary to meet the needs of the platted area, but necessary to complete the City storm sewer system as it relates to both the area being platted and other adjacent drainage areas. In such event, the City will pay the subdivider the difference in cost of the pipe, fixtures, and installation between the larger capacity sewer system and the size of sewer system reasonable to meet the foreseeable needs of the proposed subdivision and the natural drainage of the surrounding area. The City may establish a pro rata distribution of the additional cost to be shared by the City and landowners who develop the adjacent drainage areas. The storm sewer system, including those accessories as agreed, shall, upon inspection, approval, and acceptance by the City, become the property of the City.
Adequate provisions shall be made for the disposal of stormwater, subject to the approval of the Council and to the satisfaction of the City Engineer. In the storm sewer design phase, consideration shall be given to the basic principles of stormwater management and alternatives, such as “conservation design principles” or the provisions of any stormwater management plan adopted by the City.
4. Streets. The subdivider shall be responsible for the design and installation of all streets within the proposed subdivision including participation in appurtenant improvements such as traffic control signs and equipment and street name signs.
A. Streets shall be provided, including the grading of the entire street right-of-way or alley and providing appropriate paving, including curb and guttering on all streets. All streets or alleys shall be of such width and shall be constructed in accordance with the standards found in this chapter and with other plans and specifications approved by the City. The streets shall, upon final approval and acceptance by the City, become the property of the City.
B. Traffic control signs shall be provided for all streets and intersections within and abutting the subdivision and street name signs for all streets within the subdivision. The subdivider shall reimburse the City for all costs associated with the purchase and installation of the required signs.
5. Sidewalks. Sidewalks shall be required to be installed in all developments and shall be placed along each lot frontage on both sides of the street and any additional new or existing public street frontage within or adjacent the subdivision. A request to waive the sidewalk installation may be submitted with the preliminary plat.
A. Sidewalks shall be constructed on a lot or lots or portions of adjacent lots by the property owners as a requirement of the building permit. An occupancy permit for any dwelling or building shall not be issued until said sidewalk has been constructed.
B. If the sidewalks cannot be installed prior to desired occupancy, the Zoning Administrator or Building Official may issue a temporary certificate of occupancy, accompanied by a letter of violation, and grant a delay of the installation of six months. In addition, the property owner shall place in an escrow account, established by the City, an amount which shall cover the anticipated cost of the sidewalk installation required for the lot.
C. The remaining sidewalks shall be constructed and installed in any subdivision by the property owners, in all blocks where after seven years or 75 percent of the lots have been improved. The completion of the sidewalk to the subdivision boundary shall be required to connect to an existing sidewalk for access to a route to a school, park, or trail. The sidewalks on one side of the interior subdivision street with the greatest number of improved lots shall be completed to comply with this requirement. The installation shall be completed at the sole cost and expense of the property or lot owners at the time of said construction. The construction of the sidewalks across undeveloped lots shall be of a two-inch layer of Portland concrete cement. The width and location of the constructed sidewalk shall be the same as the other subdivision sidewalks.
D. In appropriate circumstances, public access ways, walkways, or sidewalks shall be required to be installed by the owner across private land for purposes of providing access to nearby subdivision, schools, recreation trails, parks, open green space areas, or other facilities where public access is judged to be necessary. Crosswalks within a subdivision shall comply with the regulations as noted in Subsection 170.65(1)(C) of this chapter. The crosswalks shall be installed at the same time as other sidewalks on the same block. A minimum of a 10-feet wide easement shall be utilized and may also be required to accommodate utilities and drainage facilities.
6. Street Lighting. The installation of overhead street lighting shall be required in accordance with Section 170.64(6) of this chapter. Pole and fixture selection shall be compatible with other equipment utilized within the City. The subdivider shall pay the cost and installation of the streetlights with underground service connections.
7. Electric and Utility Service Installation. The subdivider shall provide for all private utilities, including but not limited to gas, electric power, telephone, wired internet, and cable installation to each lot. The subdivider shall be responsible for complying with the utility requirements of this Code of Ordinances. The subdivider shall also be responsible for making the necessary arrangements for the installation, including payment of any construction or installation charges, with each of the serving utilities.
8. Planting. Planting may be proposed by the subdivider or required by the Zoning Ordinance along rear or side lot lines which border any divided highways, major arterials, or frontage roads, or to provide a buffer between properties of different use classifications. Such plantings shall be illustrated on the Preliminary Plat.
9. Fencing. The subdivider shall furnish and install fences required by the Zoning Ordinance for a buffer or separation between properties with different use classifications or as otherwise required by the City or any authority thereof. Fences required abutting agricultural use property shall be installed as agreed between the affected property owners.
10. Other Improvements. The owner and subdivider of the land being platted shall be responsible for the installation of walkways as necessary, grading, seeding and sodding of all lots, and the installation of street and traffic control improvements and other public appurtenances as required by the City Engineer. All such improvements shall be under the direction of the appropriate City authority.
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